Gunfire damages windows at Spokane high school

Gunfire has damaged five large thermal windows and a smaller upper window in a newly remodeled high school library in Spokane.

SPOKANE, Wash. —

Gunfire has damaged five large thermal windows and a smaller upper window in a newly remodeled high school library in Spokane.

Authorities said the shooting at Shadle Park High occurred sometime over the weekend. The bullets did not penetrate the inner part of the double-paned thermal windows but caused the outer part to crack in a web-like pattern.

The cost of repairs has yet to be determined. Dealy Etter of Garco Construction of Spokane says arrangements are being made to replace the windows.

Etter says the library was opened in September following completion of the first stage of a four-phase renovation of Shadle Park.

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Information from: The Spokesman-Review, http://www.spokesmanreview.com

Joe woe: Man loses $300K in Starbucks jewel heist

How much is a cup of coffee at Starbucks? For a jewelry salesman from Kansas, it ended up costing about $300,000.

PARKER, Colo. —

How much is a cup of coffee at Starbucks? For a jewelry salesman from Kansas, it ended up costing about $300,000.

Police say the man stopped for coffee Monday at a Starbucks in Parker, Colo., south of Denver. He was just returning to his car when he was held up. Three masked robbers took three "tubs" of jewelry and a briefcase containing the salesman's handgun.

Police didn't identify the 64-year-old salesman. Parker police spokeswoman Elise Penington says he was in town for a trade show. One of the robbers allegedly brandished a gun, but no one was injured in the robbery.

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Information from: Rocky Mountain News, http://www.rockymountainnews.com/

King Co. Metro bus driver accused of dealing drugs

By DEAN STALEY / KING 5 New

SEATTLE – Police today arrested a 54-year-old King County Metro bus driver who is accused of dealing rock cocaine while on duty.

The suspect, a Seattle man, was taken into custody just before noon while driving Route 42, according to the King County Sheriff's Department. Deputies say the arrest was the result of an investigation that spanned several weeks.

During their investigation, police say they bought cocaine from the suspect along his route. They also bought drugs from him at his south Seattle home. But police say he did not sell to his bus passengers.

"It's not like 'would you like a transfer and some cocaine;' it's nothing like that," Sgt. John Urquhart said. "My understanding is he was meeting his customers while on his route."

The suspect, a 10-year veteran of Metro, was taken into custody near South Leo Street and Beacon Ave. South, and he was expected to be booked into the King County Jail.

Metro has about 2,200 drivers in their system, and they believe this is an isolated incident. Police say they were tipped off by another Metro employee.

In 2002, the suspect was charged in Oregon with pot possession, for which he paid a fine.

KingCo deputy in I-405 accident in Bellevue

A King County sheriff's deputy has been involved in a collision on Interstate 405 in Bellevue.

BELLEVUE, Wash. —

A King County sheriff's deputy has been involved in a collision on Interstate 405 in Bellevue.

Sheriff's Sgt. John Urquhart says there were only minor injuries in the crash about 6 a.m. Tuesday. He describes the deputy as a woman with 15 to 20 years on the force.

Urquhart says the State Patrol is investigating.

Lockdown at Walla Walla prison after inmate brawl

One of the medium-security units at the Washington state Penitentiary at Walla Walla remains locked down Tuesday while officials investigate a weekend brawl.

WALLA WALLA, Wash. —

One of the medium-security units at the Washington state Penitentiary at Walla Walla remains locked down Tuesday while officials investigate a weekend brawl.

A prison spokeswoman, Joni Aiyeku (ah-YEE'-koo), says 195 inmates in Unit 6 are locked down and 30 others who participated in Saturday's fighting are segregated in single cells.

She says officials haven't determined the cause of the fight that broke out among inmates. Two inmates were treated at the prison for cuts. Six guards who broke up the fight had minor injuries. Five were treated at a hospital and returned to work the same day.

Unit 6 is one of four medium-security units at the penitentiary that has a total population of nearly 2,300 prisoners.

Washington Case Law Update

By: Dena Alo-Colbeck

Division One Court of Appeals:

State v. Releford: The Court held that the State may establish factual comparability for the purposes of establishing that an out of state conviction is comparable to a Washington felony by producing certified copies of the foriegn charging documents and evidence that the defendant pled guilty to those charges, provided that the law of the state where the guilty plea was entered, at the time of the plea, provided that such a plea constituted an admission of the facts alleged in the charging documents. The Court affirmed the finding that Mr. Releford's Oklahoma burglary convictions were comparable to Washington burglary convictions based upon the certified copies of the guilty plea produced by the State, and held that the State did not have to re-prove the Oklahoma charges against Mr. Releford when the law in Oklahoma provided that the guilty plea was an admission by Mr. Releford to the facts alleged to support the burglary charges. The Court further affirmed Mr. Releford's conviction for unlawful possession of a firearm, finding factually incorrect Mr. Releford's contention that the antique replica firearm in his possession still needed several pieces to be operable, instead finding that the firearm actually only needed ammunition, and that under Washington law a weapon does not cease to be a firearm for the purposes of a conviction for unlawful possession of a firearm simply because it is unloaded. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/59701-9.pub.doc.pdf

State v. Wagner-Bennett: The Court found sufficient facts supporting probable cause for Ms. Wagner-Bennett's arrest for theft of a casino ticket when the facts showed that the owner of the cash ticket had left the ticket sitting on top of the machine she had been using for just a few minutes to take care of a cut finger and, when she returned, found Ms. Wagner-Bennett cashing out the remainder of the machine with the ticket left on the machine nowhere in sight and when confronted about the ticket that its owner had left on the machine, Ms. Wagner-Bennett walked away to the other side of the casino. The court found it was possible that Ms. Wagner-Bennett's conduct had been the innocent claiming of property she thought to be abandoned, but it was more likely that she had intended to steal the ticket and the cash in the machine, and that the facts supported a reasonable inference of intent to steal. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/60828-2.pub.doc.pdf


Division Two Court of Appeals:

State v. Draxinger: The Court found that the trial court properly included Mr. Draxinger's four prior DUIs in calculating his offender score after he was convicted of felony DUI, irrespective of the fact that those four priors had already ben used to raise his current DUI to a felony. The Court found that although the prior offenses became elements of the current offense, they could still be utilized in calcluating an offender score. The court further found that the sentencing statute was not ambiguous and was consistent. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/36952-4.09.cor.doc.pdf


Division Three Court of Appeals:

State v. Doughty: The Court upheld a Spokane District Court opinion finding that there was sufficient reasonable suspicion for a Terry stop of Mr. Doughty based on an officer's observation of him going into a house thought to be a drug house based on complaints from the neightbors at 3:20 a.m. and staying for just two minutes. The court noted as an aside that Mr. Doughty did not challenge the finding of fact that the house was a drug house, despite a lack of reliable information provided by the State to support that designation, and that the designation of the house as a drug house, coupled with Mr. Doughty's actions, were enough to give the officer reasonable suspicion of criminal activity such that he could legally seize Mr. Doughty. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/265731.opn.doc.pdf

Cashmere queen loses title over drug bust

The Cashmere Queen contest winner was stripped of her crown after pleading guilty to possession of drug paraphernalia.

CASHMERE, Wash. —

The Cashmere Queen contest winner was stripped of her crown after pleading guilty to possession of drug paraphernalia.

The Wenatchee World reports 18-year-old Sara Young was sentenced last month to one year probation and fined $293. She had been a passenger in a car in which a Chelan County sheriff's deputy found marijuana and two pipes.

The Queen Cashmere contest director, Kim Phillips, said the misdemeanor violated the contest's code of conduct. In addition to the title, Young loses a $1,000 scholarship.

The 2008 runner-up, Princess Leah Griffith, will assume the duties of Cashmere queen until the next royalty selection in March.

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Information from: The Wenatchee World, http://www.wenworld.com

Seattle bank robber claims he left bomb behind

KING5.com Staff

SEATTLE – Police shut down Fifth Avenue at Union Street in downtown Seattle after a bank robber said he left a bomb behind.

Police evacuated a Washington Mutual branch and sent in a robot after a bank robber left behind a threatening note.

The bomb squad did not find a threat.

The suspect robbed the bank on Fifth Avenue at about 3:30 p.m. Wednesday and got away on foot.

The suspect is still on the loose. He is described as a white male in his 30’s, 6-foot-4 and thin, with light brown hair, no facial hair or glasses. He was wearing a green sports jacket and a maroon tie.

No injuries were reported.

Corrections officer charged in road rage incident

By SCOTT GUTIERREZ
P-I REPORTER

A rookie Pierce County corrections officer has been charged with second-degree assault for pointing his gun at another car during a road rage incident in Burien, according to court documents.

Yury Nijnik, 28, is set for arraignment Feb. 10 at the Regional Justice Center in Kent. He was released from jail last week on $5,000 bail, although a judge prohibited him from carrying a gun while the case is pending.

Nijnik was arrested Jan. 25 after an incident that began when he allegedly cut off another car with two adults and their 12-year-old niece on First Avenue South near South 160th Street. The second driver, Shean Corvari, honked and Nijnik made a derogatory hand gesture, court documents say.

As Corvari drove on, he noticed Nijnik driving recklessly and swerving between lanes. Corvari managed to get ahead of him in traffic and tried to ignore him until Nijnik pulled alongside him and pointed a gun, court documents say.

Corvari turned left on South 144th Street to get away, but Nijnik cut across two lanes and pulled in front of him, slamming his brakes. Nijnik then got out of his car and pressed his Pierce County corrections ID card against Corvari's window with his gun tucked into his waistband, court documents say.

"(Corvari) stated that he felt very threatened and was in fear that Nijnik was going to shoot him or his wife," court documents say.

Nijnik was hired as a corrections officer six months ago and still is in his one-year probationary phase. He had no arrest authority and was carrying his personal weapon, Pierce County Sheriff's Detective Ed Troyer said.

He was placed on paid administrative leave while the Pierce County Sheriff's Office conducts an internal investigation, Troyer said.

"He's on probation, so it doesn't look very good for him," he said.

After the initial confrontation, Corvari had rolled back and bumped into Nijnik's vehicle when a traffic light turned green, court documents say. Nijnik claimed his car had been rammed several times, which caused him to feel threatened, but officers found no visible damage, court documents say.

"The car ... appeared to be in pristine condition," court documents say.

Nijnik denied that he brandished his weapon. When he called 911, he told the dispatcher that the other car's occupants "may" have seen his gun, although he didn't understand how. He said he took his gun out, but placed it in his glove box "in case he got into a fight," court documents say.

He said he then holstered the gun when police arrived, court documents say.

Corvari also has a concealed pistol license, but never drew his weapon. His wife and Nijnik both called 911 and King County sheriff's deputies responded, according to court documents and police.

Sheriffinvestigates whether Michael Phelps smoked pot.

(CNN) -- A South Carolina sheriff's office is investigating whether Olympic gold medalist Michael Phelps smoked marijuana on the University of South Carolina campus.

Authorities will file criminal charges if the investigation determines that they are warranted, a spokesman said Tuesday.

"If someone breaks the law in Richland County, we have an obligation as law enforcement to investigate and to bring charges," Sheriff Leon Lott said in a statement.

"The Richland County Sheriff's Department is making an effort to determine if Mr. Phelps broke the law. If he did, he will be charged in the same manner as anyone else. The sheriff has a responsibility to be fair, to enforce the law and to not turn a blind eye because someone is a celebrity."

Phelps admitted "regrettable behavior" on Sunday after a British newspaper published a photograph of him smoking through a bong. The tabloid News of the World showed Phelps using the bong during what it said was a November party at the University of South Carolina, in Richland County.

Both university police and Columbia, South Carolina, police have said they would not pursue charges, according to The State newspaper in Columbia. It was unclear where the party took place, the paper said, or whether it was on the USC campus.

"I engaged in behavior which was regrettable and demonstrated bad judgment," said Phelps, who won a record eight gold medals at the 2008 Olympic Games in Beijing, China, in a statement Sunday.

"I'm 23 years old, and despite the successes I have had in the pool, I acted in a youthful and inappropriate way, not in a manner that people have come to expect from me," he said. "For this, I am sorry. I promise my fans and the public -- it will not happen again."

The U.S. Olympic Committee also issued a statement that said in part, "Michael has acknowledged that he made a mistake and apologized for his actions. We are confident that, going forward, Michael will consistently set the kind of example we all expect from a great Olympic champion."

In 2004, Phelps was arrested on charges of driving under the influence in Salisbury, Maryland. He pleaded guilty and was sentenced to 18 months probation. He also issued an apology after that incident.

Phelps is one of 12 Olympic athletes who have signed on to "My Victory," an initiative launched last year by the U.S. Anti-Doping Agency aimed at keeping competitive sports clean.

Troopers with bogus degrees won't be charged

Criminal charges won't be filed against nine Washington State Patrol troopers who were investigated over whether they knowingly used phony college degrees to obtain higher pay.
OLYMPIA, Wash. —

Criminal charges won't be filed against nine Washington State Patrol troopers who were investigated over whether they knowingly used phony college degrees to obtain higher pay.

The chief deputy prosecutor for Thurston County, Jon Tunheim, says a review found insufficient evidence to show the troopers knew the diplomas were from institutions that lacked accreditation.
Tunheim said Monday that it appeared the troopers relied on the State Patrol’s human resources department to determine whether the degrees would qualify them for higher pay.

He added that the troopers requested that their higher incentive pay be discontinued and have repaid the added money.

The troopers were put on paid leave Oct. 13 while the case was investigated. It was not immediately known when the troopers may return to active duty.

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Information from: The Olympian, http://www.theolympian.com

Grant County man awarded $3M for bad lawyer

A Grant County man has been awarded $3 million for spending months in jail because of poor work by his public defender.

SPOKANE, Wash. —

A Grant County man has been awarded $3 million for spending months in jail because of poor work by his public defender.

Felipe G. Vargas was awarded more than $3 million payable by his public defender by a U.S. District Court jury in Spokane after spending more than seven months in the Grant County Jail, falsely accused of child molestation.

Grant County public defender Thomas Earl allegedly pocketed much of his fee for representing Vargas, instead of spending it to mount an adequate defense, the jury decided.

Vargas, 45, maintained his innocence, and his alleged victim recanted three days after Vargas was arrested in November 2003. Police and prosecutors knew that, but they took no steps to free Vargas from jail.

Earl apparently was too busy with 500 other cases and failed to adequately represent Vargas, the jury was told. Earl refused to hire an investigator or other experts or pay for a polygraph, witnesses told the jury. He was working under a $500,000 "flat fee" annual contract, a form of compensation that is banned in the state.

Earl's legal conduct led to his disbarment.

The Washington Supreme Court in September toughened conflict-of-interest rules that say attorneys can't put their personal financial interests ahead of the fair trial rights of criminal defendants.

"There's a movie called 'Gideon's Trumpet,' about Clarence Gideon's successful struggle to convince the U.S. Supreme Court there is a constitutional right to counsel," said Seattle criminal appeals attorney Eric Broman.

"This verdict should send a loud and clear message to other counties that shortcuts cannot be taken to underfund public defense systems," he said. The "$3 million verdict is the kind of trumpet those folks should be able to hear."

Joanne Moore, the director of the Washington state Office of Public Defense, said the jury award sends a message that everyone has the right to an attorney for a fair trial.

Grant County was also named a defendant in Vargas' 2006 civil rights suit and settled last month by paying him $250,000 for "ineffective assistance of counsel."

Moses Lake attorneys Garth Dano and George Ahrend filed the civil rights suit. Dano said Earl, when he represented Vargas, lied to the court when he said he was ready for trial.
"The importance of this case is it said, 'Stop lying to the judges and each other, and don't put your financial interests ahead of your client's,' " Dano said Friday.

John Strait, a legal ethics professor at Seattle University, testified as an expert. Flat-fee contracts, he said, "are all illegal and unethical for any attorney to enter into."

The state Supreme Court has barred any Washington lawyer from signing such a contract, Strait said.

The case went to trial Monday before U.S. District Judge Justin Quackenbush, who refused Earl's repeated requests to dismiss the suit.

The jury awarded Vargas $762,000 in compensatory damages and $2.25 million in punitive damages.

It's possible, however, that Vargas won't see any of the money. Earl had canceled his malpractice insurance and is seeking protection from creditors in U.S. Bankruptcy Court.

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Information from: The Spokesman-Review, http://www.spokesmanreview.com

DEA Makes First Federal Medical Marijuana Raids Under Obama Administration

January 29, 2009 - South Lake Tahoe, CA, USA

South Lake Tahoe, CA: Federal drug enforcement officials, working cooperatively with state and local police, seized marijuana and cash from a medical marijuana dispensary in Lake Tahoe, California last week. The raid was the first action of its type taken by the US Drug Enforcement Administration (DEA) since President Barack Obama took office on January 20.

While campaigning for the presidency, Obama pledged not to "use Justice Department resources to try and circumvent state (medical marijuana) laws."

No arrests were made in last week's raid, and a new facility has already opened to serve patients in the Lake Tahoe region.

The bust received national media attention, with many news outlets expressing criticism over the raid.

In response to the DEA's actions, several prominent drug law reform groups have asked voters to contact the White House and urge the President to suspend Justice Department activities that target medical marijuana providers who are compliant with their state laws.

In a separate action last week, the DEA also raided two medical marijuana providers in Colorado, but did not make any arrests.

For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500.

Drug dealer arrested in police station bathroom

KING5.com Staff

EVERETT, Wash. – Maybe he really believed in the phrase “Keep your friends close. Keep your enemies closer.”

A 24-year-old Everett man was arrested Wednesday morning for allegedly trying to sell Oxycodone and other drugs inside a stall in the men’s bathroom at the Everett Police Station.

According to Everett Police, a plain-clothed police sergeant and an officer were in the bathroom when they heard the man answer his cell phone and try to make the deal.

Police say the sergeant continued to listen in as the man made several other phone calls in an apparent attempt to sell the drugs.

The man was confronted by officers as he left the bathroom, where police say he admitted to trying to sell the drugs and handed them over.

Police say the man apparently thought he was at a probation office, not a police station.

The suspect was booked into the Snohomish County Jail.

Man held in fatal shooting in Sunnyside

A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.
SUNNYSIDE, Wash. —

A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.

The 25-year-old Sunnyside man was taken into custody late Wednesday at a home in nearby Granger, but Sunnyside police did not announce the arrest until two days later.

The man is being held for investigation of second-degree murder, first-degree assault and second-degree assault.

Police spokeswoman Charlotte Hinderlider says the man is believed to be involved in the death of 22-year-old Jesus (hay-SOOS') Tlaseca Sosa. Sosa was fatally shot and a 20-year-old man and a 16-year-old boy were injured on Jan. 4 at an AM-PM Mini-Mart in Sunnyside.

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Information from: Yakima Herald-Republic, http://www.yakima-herald.com

P-I wins award for police series

P-I STAFF

The Seattle P-I has earned a national award for its series on the Seattle Police Department's failure to investigate and discipline itself.

The series, "The Strong Arm of the Law," won the 2009 Excellence in Criminal Justice Reporting Award in the series category given by the John Jay College of Criminal Justice.

Reported by Eric Nalder, Lewis Kamb and Daniel Lathrop, and edited by Rita Hibbard, the series (which ran in January and February 2008) exposed the questionable handling of complaints against Seattle police over the wrongful use of force, and the overuse of obstruction charges used to cover up wrongdoing.

In the single-story category, Christine Young of The Times Herald-Record in Middletown, N.Y., won for her investigation of a man who has spent the past 20 years in prison for the murder of a prostitute.

Washington legislation would test police for drugs

Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').

OLYMPIA, Wash. —

Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').

He told The Yakima Herald-Republic most people he talks to support the idea. A similar bill died in last year's Legislature.

Random drug testing is opposed by police unions. The incoming president of the Yakima Police Patrolmans Association, Det. Mike Nielsen, says officers want to maintain their constitutional protection from unwarranted invasion of privacy.

The city of Yakima and the police union took the issue to arbitration in 2007, and the arbitrator ruled the city could not impose random drug testing.

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Information from: Yakima Herald-Republic, http://www.yakima-herald.com

Demonstration against Granger police chief

More than 30 people demonstrated in front of the Granger City Hall against the return of fired Police Chief Robert Perales.
GRANGER, Wash. —

More than 30 people demonstrated in front of the Granger City Hall against the return of fired Police Chief Robert Perales.

The Yakima Herald Republic reports they carried signs Thursday that said, "How Can Anyone Be Above the Law?"

Perales was fired after he was accused of using a stun gun on an animal control officer and interfering with officers interested in forming a union.

An arbitrator ruled this month that the mayor didn't have convincing proof to fire Perales in May for improper conduct. He was reinstated with back pay.

The 45-year-old chief has been with the department 15 years. He says he has done nothing wrong.

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Information from: Yakima Herald-Republic, http://www.yakima-herald.com

Man charged with possessing weapons arsenal

By PAUL SHUKOVSKY
P-I REPORTER

Bureau of Alcohol, Tobacco, Firearms and Explosives agents charged a 65-year-old Spokane man Tuesday with possession of an arsenal of military weapons and explosives that he had stashed in a Bellevue commercial storage unit.

Ronald Struve's alleged cache of weapons -- which includes dozens of machine guns and blocks of C-4 plastic explosives -- was discovered by a man who purchased at auction the contents of the storage unit at 12863 Northrup Way when rent on the unit lapsed, according to a criminal complaint filed Tuesday.

ATF Special Agent Heidi Wallace received a call from the winning bidder at the auction last November who explained that there were firearms among the items he had purchased "and that he wanted ATF to examine the firearms to determine whether they were legal to possess."

Over the next two days Wallace and other agents found crates of firearms, munitions and high explosives including 54 40MM M406 grenades, the complaint says. They also found silencers, flares, CS gas grenades, 41 pounds of gunpowder and blasting caps.

Agents tracked Struve to Spokane where he was arrested Jan. 6, then returned to Seattle for Tuesday's hearing. Agents initially charged Struve with one count of unlawful storage of explosives and one count of possession of unregistered firearms. The firearms charge carries a maximum sentence of 10 years in prison and a $250,000 fine. Because Strove was charged by complaint, the case will likely be referred to a grand jury, which could return other charges against him.

U.S. Magistrate Judge Mary Alice Theiler ordered Struve held pending a detention hearing later in the week.

An ATF source said after the hearing that there is no evidence that Struve assembled the arsenal for terrorism purposes, but declined to elaborate on what motivated him.

WASHINGTON CASE LAW UPDATE

By: Dena Alo-Colbeck

The following cases of note were decided recently in Washington's high courts:

Division Three Court of Appeals:

State v. Bainard: The Court held that the defendant should have been sentenced to a two-year deadly weapons enhancement to his conviction on two counts of second degree murder rather than the five-year firearm enhancement, as the jury found that he was armed with a deadly weapon, not a firearm. The Court also upheld the trial court's vacation of the first-degree arson charge against the defendant, holding that, as the victims were already deceased when the defendant set fire to the building in which they were found, they were not human beings within the definition of the statute requiring a human being to be present in a building to elevate a charge to first degree arson. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/232476.opn.doc.pdf

State v. Francisco: The Court held that the evidence was insufficient to establish the defendant's conviction for minor in possession of alcohol as the State established only that the defendant was inebriated, which is insufficient, without other coorborating evidence, such as proximity to alcohol, to establish an MIP charge. However, the court rejected the defendant's other assignments of error, including error assigned to the court's fialure to grant his motion for a directed verdict, admission of testimony that drug users typically do not give away drugs, failure to sustain his objection to the State testifying about matters not in the record during rebuttal, and the denial of his motion for a mistrial based on prosecutorial misconduct and judicial comments on the evidence. The court found that the detective's comments that drug users generally do not give away drugs was supported by experience and was not prejudicial, as it was countered by subsequent testimony that drug users do sometimes give away drugs. The Court further found that the prosecution's comments that the State must have a court order to obtain a U.A. from the jail were made in response to defense arguments that no dirty U.A. had been produced, and that the trial court's statement supporting the prosecution's assertion that the State must have a court order to obtain a U.A. from the jail was not a comment on the evidence and, even if it was, was not prejudicial to the defendant. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/264998.opn.doc.pdf

In re Detention of C.M.: The court found that the defendant's trial was timely even though not held within thirty days of the time of the defendant's commitment petition as required by statute, holding that the court rule governs over the statute with regard to procedural issues, such as the timing of a commitment trial, and the court rule allowed for extentions for multiple reasons, which extensions were excluded from the time for trial. The court further held that even if the subsequent delays challenged by the defendant were inappropriate, those delays did not prevent the case from being held within the time for trial. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/265676.opn.doc.pdf


In other news, as you know, many clients charged with DUI can now continue to drive with Washington's new Ignition Interlock Device license (IIL). Defendants who have a valid license at the time of the proposed suspension for a pending DUI will qualify for the IID license provided they are not charged with Vehicular Homicide or Vehicular Assault, or have not been convicted of either of these offenses within the past seven years. There is a fee to apply for the license, as well as a $20 monthly fee that goes to assist indigent licensees. Clients are eligible for an IIL even after losing an administrative hearing contesting the suspension of their license. Note that the time to request an administrative hearing has now been shortened from 30 to 20 days. Applications for IILs are available online through DOL at: http://www.dol.wa.gov/forms/500023.pdf.